77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 972
House Bill 2654
Sponsored by Representative DOHERTY (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits employer from compelling employee or applicant for
employment to provide access to personal social media account or
to add employer to social media contact list. Prohibits
retaliation by employer against employee or applicant for refusal
to provide access to accounts or to add employer to contact list.
Prohibits certain educational institutions from compelling
student or prospective student to provide access to personal
social media account or to add coach, teacher, administrator or
other employee or volunteer of educational institution to social
media contact list. Prohibits retaliation by educational
institutions against student or prospective student for refusal
to provide access to accounts or to add certain persons to
contact list. Authorizes civil action for violation.
A BILL FOR AN ACT
Relating to compelled access to social media accounts.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 659A. + }
SECTION 2. { + (1) It is an unlawful employment practice for
an employer to:
(a) Require, request, suggest or cause an employee or an
applicant for employment to disclose or to provide access through
the employee's or applicant's user name or password to a personal
social media account;
(b) Compel an employee or applicant for employment to add the
employer or an employment agency to the employee's or applicant's
list of contacts associated with a social media website;
(c) Take, or threaten to take, any action to discharge,
discipline or otherwise penalize an employee for the employee's
refusal to disclose, or to provide access through, the employee's
user name or password associated with a personal social media
account, or to add the employer to the employee's list of
contacts associated with a social media website; or
(d) Fail or refuse to hire an applicant for employment because
the applicant refused to disclose, or to provide access through,
the applicant's user name or password associated with a personal
social media account, or to add the employer to the applicant's
list of contacts associated with a social media website.
(2) An employer may require an employee to disclose any user
name, password or other means for accessing nonpersonal accounts
that provide access to the employer's internal computer or
information systems.
(3) As used in this section, 'social media' means an electronic
medium that allows users to create, share and view user-generated
content, including, but not limited to, uploading or downloading
videos, still photographs, blogs, video blogs, podcasts, instant
messages, electronic mail or Internet website profiles or
locations. + }
SECTION 3. { + (1) A public or private educational institution
may not:
(a) Require, request, suggest or cause a student or prospective
student to disclose or to provide access through the student's or
prospective student's user name or password to a personal social
media account.
(b) Compel a student or prospective student, as a condition of
participation in curricular or extracurricular activities or of
acceptance, to add a coach, teacher, administrator or other
employee or volunteer of the educational institution to the
student's or prospective student's list of contacts associated
with a social media website.
(c) Take, or threaten to take, any action to discharge,
discipline, prohibit from participation in curricular or
extracurricular activities or otherwise penalize a student or
potential student for refusal to disclose the information or take
actions specified in paragraphs (a) and (b) of this subsection.
(d) Fail or refuse to admit a potential student as a result of
the refusal by the potential student to disclose the information
or take actions specified in paragraphs (a) and (b) of this
subsection.
(2) As used in this section:
(a) 'Educational institution' means an institution that offers
participants, students or trainees an organized course of study
or training that is academic, technical, trade-oriented or
preparatory for gainful employment in a recognized occupation. '
Educational institution' includes, but is not limited to,
community colleges and the public universities listed in ORS
352.002 but does not include kindergarten, elementary or
secondary schools.
(b) 'Social media' means an electronic medium that allows users
to create, share and view user-generated content, including, but
not limited to, uploading or downloading videos, still
photographs, blogs, video blogs, podcasts, instant messages,
electronic mail or Internet website profiles or locations. + }
SECTION 4. { + (1) Any person claiming to be aggrieved by a
violation of section 3 of this 2013 Act may file a civil action
in circuit court for equitable relief or, subject to the terms
and conditions of ORS 30.265 to 30.300, damages, or both. The
court may order such other relief as may be appropriate. Damages
shall be $200 or actual damages, whichever is greater.
(2) The action authorized by this section shall be filed within
one year of the filing of a grievance.
(3) An action under this section may not be filed unless,
within 180 days of the alleged violation, a grievance has been
filed with the governing body of the educational institution
against which the violation is alleged.
(4) An action under this section may not be filed until 90 days
after filing a grievance unless only injunctive relief is sought
pursuant to ORCP 79. The right to temporary or preliminary
injunctive relief shall be independent of the right to pursue any
administrative remedy available to complainants.
(5) An action under this section may not be filed if the
governing body of the educational institution has obtained a
conciliation agreement with the person filing the grievance or if
a final determination of the grievance has been made except as
provided in ORS 183.480.
(6) Notwithstanding the filing of a grievance pursuant to
subsection (3) of this section, a person seeking to maintain an
action under this section against a public educational
institution shall also file a notice of claim within 180 days of
the alleged violation in the manner provided by ORS 30.275.
(7) The court shall award reasonable attorney fees to a
prevailing plaintiff in any action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court. + }
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